Hodge v. Colvin

Filing 10

MEMORANDUM OPINION AND ORDER accepting and incorporating the 9 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting Defendant's 7 Motion for Remand; reversing the decision of the Commissioner; and remanding Plaintiff 's case to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings as outlined in the unopposed Motion. Signed by Judge Robert C. Chambers on 9/13/2016. (cc: counsel of record; any unrepresented parties) (jsa)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

JANET DALE HODGE,
Plaintiff,
v.

CIVIL ACTION NO. 3:16-5095

CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate
Judge, for submission to this Court of proposed findings of fact and recommendations for
disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings
of fact and recommended that the Court grant Defendants unopposed Motion for Remand (ECF
No. 7), reverse or vacate the decision of the Commissioner, and remand Plaintiff’s case to the
Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings as
outlined in the unopposed Motion. Neither party has filed objections to the Magistrate Judge’s
findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendations
of the Magistrate Judge and GRANTS Defendants unopposed Motion for Remand (ECF No. 7),
REVERSES the decision of the Commissioner, and REMANDS Plaintiff’s case to the
Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings as

outlined in the unopposed Motion, consistent with the findings and recommendations.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.
ENTER:

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September 13, 2016